Research On The Legal Liability System Of Bankruptcy Administrator

Due to the market economy environment under the influence of many factors,often appear due to adverse production and operation enterprises,the phenomenon of the bankruptcy,the bankruptcy administrator is needed for processing.Bankruptcy administrator in the process of management,however,if there are illegal or inappropriate behavior,harm the interests of relevant interested parties,and hinder the smooth progress of the bankruptcy procedure,will need to bear the corresponding legal responsibility.Insolvency administrator of the legal liability refers to the manager in violation of the provisions of the bankruptcy law in bankruptcy proceedings diligence obligation and duty of loyalty shall bear the adverse consequences.Manager in a central location in the bankruptcy proceedings,the bankruptcy property management,and other important responsibilities and the job performance of the situation,not only the relationship between the bankruptcy creditors and the interests of stakeholders,but also directly affect the people's court trial work smoothly.We will improve the mechanism of legal liability is to motivate managers responsibility to fulfill the important guarantee of right.On August 27,2006,the standing committee of the National People's Congress meeting of 23 through the new "enterprise bankruptcy law of civil,administrative legal responsibility of managers to make some regulations,the provisions of the responsibility of the manager's new enterprise bankruptcy law has some defects and the insufficiency,needs further perfecting legislative or judicial interpretation in the future.the legal status of bankruptcy administrator in the bankruptcy procedure,make its bankruptcy administrator for the duty.If the bankruptcy administrator not appropriate and not legally to perform their duties,will affect the bankruptcy proceedings against bankruptcy party interests and smoothly.As a result,the bankruptcy law shall,on the basis of the trustee in bankruptcy provisions,clear and strengthen the bankruptcy administrator shall be investigated for legal responsibility.The enterprise bankruptcy law in our country has made the bankruptcy administrator obligations and legal liability provisions,but the content is not enough and the system in detail.Learn from other countries and regions,the relevant law of bankruptcy administrator civil liability and criminal liability,and other analysis and study of legal responsibility,help the implementation of the bankruptcy administrator system in China.Bankruptcy administrator,refers tc the bankruptcy procedure after the start,to take over the bankrupt property and is responsible for the cleaning,management,evaluation,disposition and distribution of special organ.Legal status of bankruptcy administrator is crucial,because it directly in charge of the bankruptcy property,relationship to the bankruptcy goal eventually.Bankruptcy administrator,as it were,is the patron saint of "public pond",creditors can eventually get a fair pay,insolvency,including bankruptcy liquidation and bankruptcy reorganization and reconciliation)can go smoothly,all depends on the insolvency administrator to "public fishpond" guardian or management degree.Therefore,countries and regions in the bankruptcy law on insolvency administrator shall be prescribed by the what kind of responsibilities at the same time,also rules when bankruptcy administrator is not appropriate to perform his duties shall bear any duties and legal responsibilities.Article 25 in the enterprise bankruptcy law in our country also detailed the bankruptcy administrator's responsibilities,but,obligations and legal responsibility for the bankruptcy administrator,enough detailed and system.To make sure that the insolvency administrator legitimate to perform his duties,the bankruptcy process smoothly and effectively,it is necessary to define the legal liability and to strengthen the bankruptcy administrator.